Independent Electoral and Boundaries Commission (IEBC) Chairperson Erastus Edung Ethekon delivers his remarks during the launch of the 2022 IEBC Pre-Election Dispute Resolution Report and Case Digest in Nairobi on 9th July 2026./KNA
The Independent Electoral and Boundaries Commission (IEBC) has warned that it could postpone or even cancel the Ol Kalou by-election if insecurity and breaches of the electoral code of conduct persist.
"In the event that, working with the security officials and other stakeholders, we find that the environment is not conducive enough for us to conclude the by-election in Ol Kalou, we will be left with no choice other than to take the most unfortunate and drastic step of postponing the elections in Ol Kalou. And if that's not enough, we will cancel it altogether," IEBC Chairperson Erastus Ethekon said.
Speaking in Nairobi during the launch of the 2022 Pre-Election Dispute Resolution Committee (DRC) Report and Case Digest on Thursday, Ethekon said the commission would not hesitate to invoke its constitutional powers if the situation on the ground continued to deteriorate.
The IEBC chairperson condemned incidents of violence, voter bribery, destruction of campaign materials and the alleged use of hired gangs during campaigns in Ol Kalou, saying such actions threaten the integrity of the electoral process.
He said the commission had already deployed investigative teams to the constituency and would strictly enforce the Electoral Code of Conduct.
"We will be very firm in enforcing the code of conduct," Ethekon said.
He added that candidates found responsible for violating the code could face sanctions, including disqualification.
"When we find any culpability or any breaches of the code of conduct, the proper remedies shall apply up to, including disqualifying some of those candidates," he said.
Ethekon's warning came as the IEBC launched the report documenting the handling of pre-election disputes during the 2022 General Election.
He said the commission resolved 323 pre-election disputes within the timelines set by law and noted that courts upheld the majority of the decisions.
"The fact that the success rate and the confirmation by the courts, by upholding those decisions, is a testament that the Commission has discharged its mandate soundly, professionally, impartially, fairly, and within the four corners of the law," he said, adding that the commission's success rate in election petitions stood at 93 per cent.
The newly launched Case Digest, he said, consolidates key decisions made by the committee and is intended to serve as a reference for political parties, candidates, legal practitioners and election administrators ahead of future polls.
Deputy Chief Justice of the Supreme Court, Hon. Lady Justice Philomena Mwilu, addresses the media during the launch of the 2022 IEBC Pre-Election Dispute Resolution Report and Case Digest in Nairobi on 9th July 2026./KNA
Deputy Chief Justice Philomena Mwilu, who also addressed the event, said credible elections depend on adherence to the law throughout the electoral process rather than on voting alone.
"Democracy is not sustained by simply casting ballots. It is sustained by the confidence of citizens that every stage of the electoral process is governed by law, administered fairly, and subject to impartial review where disputes arise," she said.
Referring to the Supreme Court's 2017 presidential election ruling, Mwilu said elections must reflect the will of the people through transparency, accountability, credibility, verifiability, accuracy and efficiency.
She also challenged the newly appointed IEBC commissioners to deliver a credible 2027 General Election.
"My prayer to you is: May you do it so right in 2027 that there will be no presidential election petition," she said.
The event was also attended by representatives from the Law Society of Kenya and civil society organisations, who called for increased civic education on electoral dispute resolution ahead of the 2027 General Election.
